Bare ActsThe Kerala Highway Protection Act, 1999

Section 21

Amendment status not verified — confirm the current text below against the official source.

Applzcatzon for permzsswn -( 1) Every person desui~g to obtain the pel missiOn 1 efe, ~ ed to m sectwn 19 or section 20 shall make an application 1n wz itmg to the highway authority m such form wtth such information and togerhc. · wzth such fees as may be prescnbed, ' (Z) On rccetpt of an application under sub·sectwn (I) the h1ghway authonty shall, aftc1 makmg such enquiries as It ,may deem fit, by o1der m Wl'lting, either,- (a) g1ant perm1sswn, subject to such cond;twns, if any, as may be speclfied in the order; or (b) refuse to g1 ant such permission: Provided that the h1ghway authoTity shall not ordmarily refuse permission fm the eJ ecuon of a bUildmg or structm e, or alteration of level of land or a means of accesa;; to a highway which conforms to the reqmrementc; of safety and convenience of u affic on the adjoimng h1ghwa y, O!' 1 he 'e·erection of a bUtldmg or structure wh1ch was m ext~tcnce on the date of commencemenLof this Act .unless .such rc-crect10n mvolvc any mate1 ial alteratwn to the outside structpral features of the building or structure. y , I ~ I •I I ) ' 1 / ) I ) , I : I ~ I ' J I I I I I 125 (3) Where the htghway authmtty refuses to grant permission the reasons thcrefm shall be recoa ded and commumcated to the apphcant. (4) Whc_e an application fo!· pcrmtssion hac; been t·efused due to any defect of the application, the applicant may submit a fresh application to the h1ghway autho!lty rC"ctifying the defects and the h1gh"'ay authonty shall constder the apphcat10n afJ esh and pass an nrdec thereon. (5) If after the exp1ration of a pedod of rwo months fi·om tlle submission of applicatton unde1 sub~sect10n (I) or sub·se~tion ( 4), no order in wnting has been passed by the htghway authm hy, permission c;hall be deemed to have been gtanted as apphed fo ·: Provided that no such permission shall be deemed to have been granted 1f the application is fo1· the construction, fol mation o,· laying out of any 1neans of access. (6) The highway authodty shall maintatn a register containing r;ufficient pa~"'ticula .... s of all perm1sstonc; granted or refused by it under tlus sect1on and the 1 cgtsle. shall be made avatlable for pe1 usal, ftee of charge, by all persons Interested and c;uch persons shall be- entitled to obtain extracts the. efrom on payment of such fees as may be pl·esc. ibed. (7) Any pet son aggneved by an Oide, of the highway authonty uncle,· sub-sectwn (2) 01 sub-section ( 4) may w1thin tmrty days from the date of 1 cce1pt of such otdet, prefc.,..,. an appeal to the appellate authonty and the appellate au tho· 1ty shall take a dccis10n . the1 eon and communicate the same to the appellant in writing w1thm one month of the date of 1 eccipt of the appeal (8) Any pusan aggneved by an o .. :de1 of the appellate autho- nty undr sub-section (7) may, w1thm thirty days faom lhe date of 1 ecr1pt of such 01 dtt, p1 efe1 a revision befo~·e the Governmt.nt. CHAPTER VI Supplemental Provisions

Section 21 – The Kerala Highway Protection Act, 1999 | DailyLaw.ai